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Paternity fraud occurs when a man is deliberately misidentified as the biological father of a child by the mother. This could be done deliberately by the mother to cover up her infidelity or for many other reasons known to her.
Many fathers would not think to request a DNA test particularly if they had no reason to doubt their partner’s honesty. Usually, the fraud is detected when a medical problem arises, the relationship breaks down or for some other reason.
When the fraud is detected either through DNA testing or confession by the mother of the child, many years may have passed, and it has several consequences. In addition to the emotional trauma caused the victim of paternity fraud, it has financial implications.
For example, the victim may have been paying child support or was taking care of the financial responsibilities of the child for several years.
A man may seek an action in court to collect payments back from the mother. However, this is likely to be unsuccessful; especially if the mother was married to the alleged father. This is because the law presumes that a child conceived or born during the marriage is the child of the husband.
If a couple is unmarried and the man finds out that he is not the father, seeking for financial compensation for child support he has paid may also prove difficult. This is because the court would assume, he is the father if his name appears on the birth certificate or he has acknowledged paternity. Acknowledging paternity could be done in a few ways, such as participating in the naming ceremony of the child.
The victim could bring an action for deceit. The compensation he may receive, if any, would depend on the circumstances of the case.
If an order was made by the court for child support during divorce proceedings and the fraud is detected through DNA testing , he may seek to have the order for child support revoked.
If you suspect that the woman you are involved with or have been involved with has committed paternity fraud, you should seek a DNA test immediately and contact a lawyer ( 030 278 3843).
Take a look at our other related articles on this subject matter :
Can Unmarried Fathers Get Custody of Their Children?
Can a father be denied the right to name his child?
How can i get the father of my child to do a paternity test in Ghana?
Disclaimer: The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. Contacting us or viewing this blog does not create lawyer-client relationship.